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Waldo chief could face felony count for recording

Published: Thursday, September 4, 2014 at 2:42 p.m.

Last Modified: Thursday, September 4, 2014 at 6:28 p.m.

WALDO — Suspended Waldo Police Chief Mike Szabo could face a felony charge if State Attorney Bill Cervone chooses to prosecute him on an allegation that he recorded conversations with other police officers without their knowledge.

Cervone received a Florida Department of Law Enforcement investigative document Wednesday that provided details of at least one incident when Szabo used a tape recorder to document a conversation with one of his subordinate police officers in department headquarters.

On Thursday, Cervone told The Sun that his staff would review the FDLE investigation and, if needed, conduct further interviews.

"First, I have to review the report, the written reports and documents," he said. "Then, I have to see where those facts fit into the requirements of the law."

Florida law prohibits the recording of any oral or electronic communications without disclosure to all parties, except in specific circumstances surrounding a criminal investigation. Violation is a third-degree felony, which carries a penalty of up to five years in prison and a $5,000 fine.

"It's just like any other charge that came in," Cervone said. "We have to see if it fits the legal requirements."

Efforts on Thursday to reach Waldo City Manager Kim Worley were unsuccessful. Worley had suspended Szabo on Aug. 12 after she requested the FDLE investigation into the illegal recording allegation.

About a week later, Szabo faced more claims from his own officers who said he and Worley enforced an unlawful ticket quota and that Szabo regularly left his post and dismantled equipment so he could not be traced.

Also, Szabo's interim replacement, Cpl. Kenny Smith, allegedly used city-owned equipment to monitor the parking lot of his apartment complex and stole hotel towels. Smith also was suspended in light of those allegations.

The allegation surrounding the recorded phone conversation and the ticket quotas led to two separate FDLE investigations, both of which are ongoing.

Cervone said he and FDLE investigators believe there are no criminal sanctions tied to the state law that prohibits law enforcement ticket quotas.

As of Thursday afternoon, the video equipment was still installed on the exterior of the Waldo apartment where Smith lives.

Szabo also faces an investigation conducted by the Clay County Sheriff's Office after an Orange Park high school teacher claimed that Szabo harassed her using his Waldo police sport utility vehicle. A report of the incident also stated that Szabo lied to a Clay County investigator.

Alachua County Sheriff Sadie Darnell temporarily promoted sheriff's Lt. Steve Maynard to captain after she signed a contract with Worley to provide Waldo a commander for the next 30 days. Maynard's services will cost Waldo $2,421.72 per week.

Maynard said on Thursday he was not there to take over the Waldo Police Department, but an Alachua County evidence custodian and a computer expert are due to report to the small municipal department office in the next couple days.

Also on Thursday, Maynard rallied the five remaining Waldo officers he now commands and began to complete a long list of tasks that include reviewing the quality of conduct and investigation.

"They need to understand the expectation — not what they were but what they are now," Maynard said. "They will be held accountable and if they don't meet those expectations, they will be disciplined."

Waldo officers first met with Maynard on Wednesday. Two of them are former Alachua County sheriff's deputies and one was a subordinate of Maynard.

The officers had filled the void left by Szabo and Smith by alternating leadership roles and none of them had seen a day off. Maynard said a sheriff's deputy would step in periodically to field 911 calls so the city officers could take a break.

"That way, these guys can take a day off," Maynard said.

Traffic enforcement would remain a priority, Maynard said, adding that he also wants them to take on more community policing roles.

"I told them to do things like go to the school and meet with the kids," Maynard said. "Traffic enforcement is still important, especially with the two major roadways, but they can be serving other roles, like community patrols, talking with residents, too."

Maynard echoed a plan by Tallahassee media expert Ron Sachs, who launched a campaign to rid the city of its reputation as a speed trap. Sachs' campaign also includes a request that the Florida Department of Transportation streamline speed limits on U.S. 301 and State Road 24 so they are easier for motorists to follow.

However, DOT engineers have yet to hear anything from Sachs or Waldo.

"We have not been contacted by the city of Waldo or its PR agency," said DOT Assistant District Traffic Operations Engineer Tony Falotico, who added that the city has no say in the posted speed limits.

Instead, engineers monitor traffic flow in good weather using laser technology and then average a prudent speed limit. For instance, an interstate, with wide lanes, shoulders and no cross-traffic, could afford higher speeds. More congested areas, such as the stretches of U.S. 301 where there are traffic lights and driveways, usually slow drivers down. Areas that have seen a higher rate of crashes may see lower speeds determined by engineers.

Waldo business owners said getting stopped by Waldo's police could be avoided if people did not speed. Javier Gutierrez, owner of El Molino Mexican restaurant, said he has never had a problem with the Waldo Police Department and only saw officers when they used his parking lot along U.S. 301 to write tickets.

"I never had a problem with them," Gutierrez said. "They used my parking lot, but that's about it."

The presence of more deputies on Waldo streets has left some to wonder if the county will take over the police department. Gutierrez remains indifferent.

"To me, they are the same," he said, adding that his protection is his top priority. "As long as one of them is there."

Linda Wise, who owns a beauty salon in town, said Waldo's reputation as a speed trap is unfair.

"People just don't like it because they speed in here and get caught," Wise said. "But that's not up to the city."

Wise said she would rather Waldo have its own police department than see law enforcement taken over by sheriff's deputies.

"Whether it's early morning or late at night, I'll see the police in our neighborhood and I like that," Wise said, adding people in communities where county authorities have taken over saw an increase in crime. "I like the fact we have a police department in our town."

Szabo also has plenty of fans in Waldo. Wise recalled a time she arrived at her shop and the chief, who had been appointed to the position in 2007, was checking homes for residents who were on vacation.

"I liked that," she said. "If I'm there late at night, I'll look outside and see a Waldo police car."

<p>WALDO — Suspended Waldo Police Chief Mike Szabo could face a felony charge if State Attorney Bill Cervone chooses to prosecute him on an allegation that he recorded conversations with other police officers without their knowledge.</p><p>Cervone received a Florida Department of Law Enforcement investigative document Wednesday that provided details of at least one incident when Szabo used a tape recorder to document a conversation with one of his subordinate police officers in department headquarters.</p><p>On Thursday, Cervone told The Sun that his staff would review the FDLE investigation and, if needed, conduct further interviews.</p><p>"First, I have to review the report, the written reports and documents," he said. "Then, I have to see where those facts fit into the requirements of the law."</p><p>Florida law prohibits the recording of any oral or electronic communications without disclosure to all parties, except in specific circumstances surrounding a criminal investigation. Violation is a third-degree felony, which carries a penalty of up to five years in prison and a $5,000 fine.</p><p>"It's just like any other charge that came in," Cervone said. "We have to see if it fits the legal requirements."</p><p>Efforts on Thursday to reach Waldo City Manager Kim Worley were unsuccessful. Worley had suspended Szabo on Aug. 12 after she requested the FDLE investigation into the illegal recording allegation.</p><p>About a week later, Szabo faced more claims from his own officers who said he and Worley enforced an unlawful ticket quota and that Szabo regularly left his post and dismantled equipment so he could not be traced.</p><p>Also, Szabo's interim replacement, Cpl. Kenny Smith, allegedly used city-owned equipment to monitor the parking lot of his apartment complex and stole hotel towels. Smith also was suspended in light of those allegations.</p><p>The allegation surrounding the recorded phone conversation and the ticket quotas led to two separate FDLE investigations, both of which are ongoing.</p><p>Cervone said he and FDLE investigators believe there are no criminal sanctions tied to the state law that prohibits law enforcement ticket quotas.</p><p>As of Thursday afternoon, the video equipment was still installed on the exterior of the Waldo apartment where Smith lives.</p><p>Szabo also faces an investigation conducted by the Clay County Sheriff's Office after an Orange Park high school teacher claimed that Szabo harassed her using his Waldo police sport utility vehicle. A report of the incident also stated that Szabo lied to a Clay County investigator.</p><p>Alachua County Sheriff Sadie Darnell temporarily promoted sheriff's Lt. Steve Maynard to captain after she signed a contract with Worley to provide Waldo a commander for the next 30 days. Maynard's services will cost Waldo $2,421.72 per week.</p><p>Maynard said on Thursday he was not there to take over the Waldo Police Department, but an Alachua County evidence custodian and a computer expert are due to report to the small municipal department office in the next couple days.</p><p>Also on Thursday, Maynard rallied the five remaining Waldo officers he now commands and began to complete a long list of tasks that include reviewing the quality of conduct and investigation.</p><p>"They need to understand the expectation — not what they were but what they are now," Maynard said. "They will be held accountable and if they don't meet those expectations, they will be disciplined."</p><p>Waldo officers first met with Maynard on Wednesday. Two of them are former Alachua County sheriff's deputies and one was a subordinate of Maynard.</p><p>"I was very pleasantly surprised," Maynard said. "The officers met me with, basically, open arms."</p><p>The officers had filled the void left by Szabo and Smith by alternating leadership roles and none of them had seen a day off. Maynard said a sheriff's deputy would step in periodically to field 911 calls so the city officers could take a break.</p><p>"That way, these guys can take a day off," Maynard said.</p><p>Traffic enforcement would remain a priority, Maynard said, adding that he also wants them to take on more community policing roles.</p><p>"I told them to do things like go to the school and meet with the kids," Maynard said. "Traffic enforcement is still important, especially with the two major roadways, but they can be serving other roles, like community patrols, talking with residents, too."</p><p>Maynard echoed a plan by Tallahassee media expert Ron Sachs, who launched a campaign to rid the city of its reputation as a speed trap. Sachs' campaign also includes a request that the Florida Department of Transportation streamline speed limits on U.S. 301 and State Road 24 so they are easier for motorists to follow.</p><p>However, DOT engineers have yet to hear anything from Sachs or Waldo.</p><p>"We have not been contacted by the city of Waldo or its PR agency," said DOT Assistant District Traffic Operations Engineer Tony Falotico, who added that the city has no say in the posted speed limits.</p><p>Instead, engineers monitor traffic flow in good weather using laser technology and then average a prudent speed limit. For instance, an interstate, with wide lanes, shoulders and no cross-traffic, could afford higher speeds. More congested areas, such as the stretches of U.S. 301 where there are traffic lights and driveways, usually slow drivers down. Areas that have seen a higher rate of crashes may see lower speeds determined by engineers.</p><p>Waldo business owners said getting stopped by Waldo's police could be avoided if people did not speed. Javier Gutierrez, owner of El Molino Mexican restaurant, said he has never had a problem with the Waldo Police Department and only saw officers when they used his parking lot along U.S. 301 to write tickets.</p><p>"I never had a problem with them," Gutierrez said. "They used my parking lot, but that's about it."</p><p>The presence of more deputies on Waldo streets has left some to wonder if the county will take over the police department. Gutierrez remains indifferent.</p><p>"To me, they are the same," he said, adding that his protection is his top priority. "As long as one of them is there."</p><p>Linda Wise, who owns a beauty salon in town, said Waldo's reputation as a speed trap is unfair.</p><p>"People just don't like it because they speed in here and get caught," Wise said. "But that's not up to the city."</p><p>Wise said she would rather Waldo have its own police department than see law enforcement taken over by sheriff's deputies.</p><p>"Whether it's early morning or late at night, I'll see the police in our neighborhood and I like that," Wise said, adding people in communities where county authorities have taken over saw an increase in crime. "I like the fact we have a police department in our town."</p><p>Szabo also has plenty of fans in Waldo. Wise recalled a time she arrived at her shop and the chief, who had been appointed to the position in 2007, was checking homes for residents who were on vacation.</p><p>"I liked that," she said. "If I'm there late at night, I'll look outside and see a Waldo police car."</p>